20181245 Ver 2 IP Modification Request_20200814

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version*
20181245
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:* r New Project r New Project Existing ID
r Pre -Application Submittal r More Information Response
r Other Agency Comments r Stream or Buffer Appeal
r For the Record Only (Courtesy
Copy)
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Tyson Kurtz
who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #:
20181245
20170001(no dashes)
Existing Version:
1
1
Project Name: Tinsel Town Residential Development
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Jackson
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
DWR Add Info Response - Tinsel Town -
1.66MB
8.14.2020.pdf
Only pdf or krm files are accepted.

Describe the attachments
or comments:
Permit modification and additional information response.
Sign and Submit
V By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the online form."
Signature: --
Submittal Date: Is filled in autorratically.

CLearWaLer
C1earWater Environmental Consultants, Inc.
www.cwenv.com
August 14, 2020
Ms. Sue Homewood
NCDEQ — Division of Water Resources
Winston Salem Regional Office
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
RE: Tinsel Town Residential +1- 21 AC
401 IP Modification & Response to Additional Information Request
NC Division of Water Resources Project No. 20181245
Jackson County, North Carolina
Dear Ms. Homewood,
Please reference the 401 Water Quality Certification issued by the NC Division of Water Resources
(DWR) dated June 11, 2019 in response to the permit application submitted by C1earWater
Environmental Consultants, Inc. (CEC), on behalf of Tinsel Town LLC, represented by Mr. Wayne
Smith. This certification authorizes 42 linear feet of permanent stream impact (outlet protection), 17
linear feet of temporary stream impact (bank stabilization), and 2.68 acres of open water impact (fill)
associated with a 20-unit residential development (Appendix A).
In accordance with Conditions 2 & 5 of the 401 Certification, a letter was submitted to DWR and the
Corps on July 28, 2020 to notify that there is a change of plans from those submitted in the permit
application, change of use and design, change in built -upon area, and change of stormwater management.
Please note that the there are no changes proposed to the authorized impact amounts or locations. Based
on the letter response from DWR on August 12, 2020 the applicant is requesting a permit modification to
their existing 401 permit for the changes noted above.
Due to the Covid-19 Pandemic, two of the project's investors dropped the project and the applicant is now
selling a portion of the project site to help finance the remaining development. The southern portion of the
project site is now proposed for mixed use. Roughly half of the southern portion is proposed for
commercial development by Tractor Supply Company (TSC) and the other half for development of four
residential townhouse units (see attached revised Figure C.2: Impact Map). Also proposed is a secondary
access road that will connect the proposed commercial and residential areas to Steeple Road. The
secondary road access was added for safety reasons and will not result in any additional impacts to
aquatic resources. The access road will further avoid stream impacts by utilizing a bridge to cross Blanton
Branch. The northern portion of the site will remain a residential development as shown in the individual
permit issued in 2019.
The proposed TSC building is in a location with limited visibility for US 23 westbound traffic to see
because of site distance which may cause some potential customers to miss their turn onto Ferguson
Road. Providing a second access off Steeple Road would give TSC customers and individuals living in
the residential units an immediate alternative to access their homes. Without that second access, traffic
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

401 Permit Modification — DWR Project No. 20181245
August 14, 2020
Page 2 of 2
must proceed to the next exit off US 74 (1 mile) and make a U-Turn, enter eastbound US 74, and make
another U-Turn on US 74 to access the site at Ferguson Road.
Another safety issue with eastbound traffic trying to enter the site is eliminated by adding the Steeple
Road access. Currently, eastbound traffic is required to make a U-Turn on US 74 from eastbound to
westbound to access Ferguson Road, which as stated previously, site distance for oncoming traffic on US
74 westbound is relatively short for traffic coming down a hill with a speed limit of 55. The entrance off
Steeple Road does not require a U-Turn from eastbound traffic as Steeple Road has direct median access
across US 74 with much better site distance.
Responses to DWR's request for additional information:
1. DWR — The Division has noted that the plan sheets submitted on July 28, 2020 indicate a large
undeveloped area adjacent to the proposed Tractor Supply store, therefore it appears that impacts
could be further avoided/minimized.
The revised site plan for the entire site is included. The applicant intends to continue with four
residential units as originally proposed on the area adjacent and to the west of TSC. The residential
unit layout is slightly changed, however, there is no change to the previously permitted impacts
resulting from this modification request.
2. DWR — a new stormwater management plan must be submitted with the modification request.
The proposed TSC facility requires stormwater treatment. Stillwell Engineering will submit a copy
of the stormwater treatment plan for review and approval to Ms. Chonticha McDaniel, DWR. A
copy of the stormwater plan will also be sent to your regional office. The residential development in
the southern portion of the site is below thresholds required for stormwater treatment.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
r
Tyson Kurtz R. el"Ride,
Biologist Principal

PROPOSED IMPACT SITE PLAN
N.C. GRID NORTH
NAD 83 (NSRS 2011)
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ROPOSED BRIDGE \ 'V PP
OVER STREAM
17 LF OF TEMPORAR
STREAM IMPACT FOR BAN
STABILIZATION AT OLDs
CULIERT PROPOSED BIORETENTION STORM WATER TREATMEN
a \ O AREA FOR PARCEL #2
s /
PROPOSED PARCEL q1 \ �
3.0 ACRES- 2.31 ACRES DEVELOPABLE •.d // / /
'ERTY OUTSIDE REMAINING STREAMS AND
BUFFER ZONES
)ENTIAL DTAI ADDED B.U.A. 0.37 ACRES
ACCESS ROAD ADDED B U A: .14 ACRES _
TOTAL ADDED B.0 A 0.51 ACRES /
2.31 AC / 0.50 AC - 22% B.U.A. ROPOSED PARCEL //2
3.32 ACRES
TRACTOR SUPPLY COMPANY ADDED B.U.A.: 2.35 ACRES
71% B.U.A.
P - EQUIRES STORM WATER TREATMENT
I
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END 30" CMP
TOTAL PROJECT AREA + /— 22.31 ACRES
JURISDICTIONAL WATERS OF THE U.S.
STREAMS 2875 LF
WETLANDS 5.53 ACRES
OPEN WATER 3.33 ACRES
JURISDICTIONAL IMPACTS
OPEN WATER (PERMANENT) 2.68 ACRES
WETLANDS 0.0 ACRES
STREAMS (PERMANENT): 42 LF
STREAMS (TEMPORARY): 17 LF
AVOIDANCE/MINIMIZATION
OPEN WATERS 0.65 ACRES
WETLANDS 5.53 ACRES
PRELIMINARY FOR REVIEW PURPOSES ONLY
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DATE :
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Figure C.2
Impact
Map

Appendix A:
NCDWR Individual Water
Quality Certification (#20181245
issued 6/11/2019)

ROY COOPER
Governor
MCHAEL S. REGAN
secretary
UNDA CULPEPPER
Director
Tinsel Town LLC
Attn: Wayne Smith
51 Bridge St
Sylva NC 28779
NORTH CAROLINA
Enylrorunmtaf QuaRty
June 11, 2019
DWR # 20181245
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Tinsel Town Development
USACE Action ID. No. SAW-2018-00170
Dear Mr. Smith:
Attached hereto is a copy of Certification No. WQC004191 issued to Mr. Wayne Smith and Tinsel Town
LLC, dated June 11, 2019. Please note that you should get any other federal, state or local permits
before proceeding with the subject project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
J
North Cato[ina Department of Environmental Quality I Division of Water Resourcesei: 5a:f D, E Q 512 North Salisbury Street j1617 Mail Service Center Raleigh, North Carolina 27699-1617
.� 90.707.9000

Tinsel Town Development
DWR Project #20181245
Individual Certification #WQC004191
Page 2 of 7
Mailing address for the OAH:
!f sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699.1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact me at 336-776-9693 or sue. homewood ncdenr. ov if you have any
questions or concerns.
Sincerely,
Dwuftned by:
458ED831898F411...
Sue Homewood
DWR Winston Salem Regional Office
cc: Clement Riddle, ClearWater Environmental Consultants Inc (via email)
David Brown, USAGE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20181245TinselTown(lackson)_401_iC.docx

Tinsel Town Development
DWR Project #20181245
Individual Certification #WQC004191
Page 3 of 7
NORTH CAROLiNA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004191 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500,
to Mr. Wayne Smith and Tinsel Town LLC, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on
September 11, 2018 and subsequent information on September 24, 2018, November 19, 2018, December
3, 2018, February 19, 2019 and May 3, 2019, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on December 21, 2018.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Open Waters
2.68 (acres)
0 (acres)
Stream
Dam stabilization
42 (linear feet)
0 (linear feet)
Streambank stabilization
from temporary pond
drain pipe
0 (linear feet)
17 (linear feet)
2. This approval is for the purpose and design described in your application and as described in the Public
Notice and in subsequent information submitted to the Division. The plans and specifications for this
project are incorporated by reference and are an enforceable part of the Certification. Any
modifications to the project require notification to DWR and may require an application submittal to
DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021
3. Scott Creek and the Tuckasegee River are classified as Trout Waters. In order to protect
downstream uses as Trout Waters a requirement of this Certification is that the pond dewatering
and any work conducted within the stream or streambanks may not occur between the dates of
January 1 through April 15. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 04B .0125]

Tinsel Town Development
DWR Project #20181245
Individual Certification #WQC004191
Page 4 of 7
4. The Permittee shall visually inspect Scott Creek at the stilling basin discharge point daily during
dewatering and dredging activities for increased turbidity and immediately cease activities if there is
an increase in turbidity. If increased turbidity is noted during inspections the Permittee shall notify
the Division of Water Resources Asheville Regional Office and the NC Wildlife Resources Commission
immediately upon discovery.
5. The Division approves the grading and drainage patterns depicted on plan sheets dated November
30, 2018 as meeting state requirements for stormwater management plan. The plans are
incorporated by reference and are enforceable by the Division. Additional drainage that are not
shown on the plans may not be added in the future without appropriate stormwater management
or diffuse flow device(s) and approval from the Division. The following conditions also apply [15A
NCAC 02H .0506(b)]:
a. The overall built -upon area (BUA) for the project shall be maintained at or below those
identified in the approved drawings. Any increases in BUA require prior approval from the
Division.
b. All drainage discharge outfalls into a stream shall do so at a non -erosive velocity for the 10-year
storm (peak flow).
c. The approved grading and drainage patterns shall be constructed and operational before any
permanent building or other structure is occupied at the site.
d. The Permittee shall ensure that the stormwater drainages/conveyances are maintained and
functional at all time for optimum efficiency including inspections, sediment removal, and
repair of eroded areas.
e. The approved grading and drainage patterns may not be modified without prior written
approval from the Division.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
7. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973). A floating turbidity barrier shall be used
to protect the pond from turbidity during construction as described in the application,
8. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .05021
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 026.0201]
10. Tall Fescue and Sericea Lespedeza shall not be used in streambank stabilization areas. [15A NCAC
02B .0201]

Tinsel Town Development
DWR Project #20181245
Individual Certification #WQC004191
Page S of 7
11. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. if the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NCSediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]
15. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross -sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
16. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
17. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]

Tinsel Town Development
DWR Project#20181245
Individual Certification #WQC004191
Page 6 of 7
19. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.
20. Mr. Wayne Smith and Tinsel Town LLC shall conduct construction activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law.
[15A NCAC 028.0200] If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Wayne
Smith and Tinsel Town LLC and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H .0504. Any new or revised conditions shall be provided to Mr. Wayne Smith and Tinsel Town LLC
in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
21. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https:/I�edocs.deg.nc.gov/Forms/Certificate-of-Completion . [15A NCAC 02H .0502(f)]
22. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
23. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
24. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
25. Non-compliance with or violation of the conditions herein set Forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.

Tinsel Town Development
DWR Project #20181245
Individual Certification #WQC004191
Page 7 of 7
26. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes, the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 11" day of June 2019
IDocuftned by:
� �O/WofvOOI
456ED@31Qg8F�11...
Sue Homewood
DWR Winston Salem Regional Office
SLH
W QC004191

SPECIAL CONDITIONS
Action ID: SAW-2018-00170
Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated February 2019 (Stillwell
Engineering, P.A), which are a part of this permit. The Permittee shall ensure that
the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must be
approved by the U.S. Army Corps of Engineers (Corps) prior to any active
construction in waters or wetlands.
2. Unauthorized Dred a and/or Fill: Except as authorized by this permit or any Corps -
approved modification to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
3. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and
maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this
permit. A copy of this permit, including all conditions and drawings shall be available
at the project site during construction and maintenance of this project.
4. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction
meeting between its representatives, the contractor's representatives and the
appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any
work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the Department of the
Army permit. The Permittee shall schedule the preconstruction meeting for a time
frame when the Corps and NCDWR Project Managers can attend. The Permittee
shall invite the Corps and NCDWR Project Managers a minimum of thirty (30) days
in advance of the scheduled meeting in order to provide those individuals with ample
opportunity to schedule and participate in the required meeting. The thirty (30) day
requirement can be waived with the concurrence of the Corps.
5. Notification of Construction Commencement and Completion: The Permittee shall
notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.

6. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District, Asheville Regulatory Field Office, Attn: David Brown,
151 Patton Avenue, Room 208, Asheville, NC, 28801-5006, or
david.w.brown ausace.arm .mil. The Permittee shall reference the following permit
number, SAW-2018-00170, on all submittals.
7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
8. Reportinq Violations: Violation of these permit conditions or violation of Section 404
of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported
to the Corps in writing and by telephone at: 828-271-7980 within 24 hours of the
Permittee's discovery of the violation.
9. Endangered Species Act: The Permittee shall implement all necessary measures to
ensure the authorized activity does not kill, injure, capture, harass, or otherwise
harm any federally -listed threatened or endangered species. While accomplishing
the authorized work, if the Permittee discovers or observes an injured or dead
threatened or endangered species, the U.S. Army Corps of. Engineers, Wilmington
District, Asheville Regulatory Field Office, Attn: David Brown, 151 Patton Avenue,
Room 208, Asheville. NC, 28801-5006. or david w brownCaDusace.arm .mil will be
immediately notified to initiate the required Federal coordination.
10. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact
with any water in or entering into waters of the United States. Water inside coffer
dams or casings that has been in contact with concrete shall only be returned to
waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
11. Compliance Inspection: A representative of the Corps of Engineers will periodically
and randomly inspect the work for compliance with these conditions. Deviations from
these procedures may result in an administrative financial penalty and/or directive to
cease work until the problem is resolved to the satisfaction of the Corps.
12, Silt Fencing: The Permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within
waters and wetlands outside the permit area. This shall include, but is not limited to.
the immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the immediate
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stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
13. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans
attached to this permit, no excavation, fill or mechanized land -clearing activities shall
take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands
or to reduce the reach of waters and/or wetlands.
14. Sediment and Erosion Control:
a. During the clearing phase of the project, heavy equipment shall not be operated
in surface waters or stream channels. Temporary stream crossings will be used
to access the opposite sides of stream channels. All temporary diversion
channels and stream crossings will be constructed of non -erodible materials.
Grubbing of riparian vegetation will not occur until immediately before
construction begins on a given segment of stream channel.
b. No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
c. The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion.
d. The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual' to ensure
compliance with the appropriate turbidity water quality standard. Erosion and
sediment control practices shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such
Best Management Practices in order to ensure compliance with the appropriate
turbidity water quality standards. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project shall
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic
resources. These measures shall be inspected and maintained regularly,
especially following rainfall events. All fill material shall be adequately stabilized
at the earliest practicable date to prevent sediment from entering into adjacent
waters or wetlands.
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15. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for
fill shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all
fill material placed in waters or wetlands shall be generated from an upland source.
16. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters .and wetlands from fuels, lubricants,
hydraulic fluids. or other toxic materials. In the event of a spill of petroleum products
or any other hazardous waste, the Permittee shall immediately report it to the North
Carolina Division of Environmental Quality at [phone] or [phone] and
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act
shall be followed.